Written Answers Wednesday 13 April 2005

Scottish Executive

Agriculture

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what discussions took place between it and the UK Government prior to the Chancellor of the Exchequer’s Budget 2005 announcement regarding the establishment of a new agriculture inspectorate; which ministers participated in any discussions; whether it will place the minutes of any discussions in the Scottish Parliament Information Centre; whether the new inspectorate will have offices in Scotland; how it will report to the Executive and the Parliament; who will appoint its board; what role the Executive will have in such appointments, and how much of the inspectorate’s budget will be for devolved functions.

Ross Finnie: Responsibility for agricultural inspections in Scotland is devolved to the Scottish Parliament. The new agriculture inspectorate announced by the Chancellor will not operate in Scotland and consequently Scottish ministers were not involved in discussions about it. We will, however, monitor developments to see what lessons there may be for improving our farm inspection processes.

Agriculture and Fisheries Council

Maureen Macmillan (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will report on the outcome of the Agriculture and Fisheries Council held in Brussels on 14 March 2005.

Ross Finnie: I attended the one day Agriculture and Fisheries Council in Brussels on Monday 14 March with Margaret Beckett, Ben Bradshaw and Ian Pearson.

  The main item for discussion at this council was rural development. The presidency focussed discussion on a small number of issues in the current proposal to revise the Rural Development Regulation, principally focussing on financial matters including the minimum spend per axis and the LEADER reserve. The UK reiterated the importance we attach to devoting at least half of the financial resources under the Regulation to Axis 2; we expressed some doubt as to the level of the LEADER reserve proposed, and we supported others in giving a general welcome to the likely shape of the strategy framework.

  On fisheries, the council reached unanimous agreement on the proposal to establish the Community Fisheries Control Agency. The remaining issue of the scale of Commission representation on the agency's administrative board was resolved. A compromise was reached on six members (with a total of six votes) for the Commission, in addition to one for each member state. A joint Council and Commission statement makes it clear that this high degree of Commission representation is not a precedent for other any other possible agencies.

  The Community Fisheries Control Agency is intended to co-ordinate fisheries enforcement operations, known as joint deployment plans, to help provide equality of inspection standards across the community. All the major Scottish negotiating objectives for the agency were achieved, including a number of significant reforms to the Commission’s original proposal. The agency will be based in Vigo and is scheduled to begin work formally within a year.

  On agriculture, the Commission presented proposals for EU measures to address market crises through risk management measures funded through modulation. This was a brief presentation, with substantial discussion planned for later in the year. The Commission made it clear that it opposed extending any kind of generalised safety net provision such as that found in the current beef regime. It also indicated that the use of any modulated funds would only be possible in the context of rural development programmes and measures that were compatible with the WTO Green Box.

  The Commission reported progress in negotiations with the Russian Federation to agree certain plant and animal health controls. While the UK has not so far been among the member states most affected by Russian requirements, it was encouraging that progress was being made to resolve the remaining differences.

  The Commission also presented a progress report on implementation of the EU forestry strategy. Member states took note.

  Under other business, Portugal drew attention to the difficulties that prolonged drought had caused in its rural areas.

Asbestos

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive how many cases were referred to it or the Scottish Environment Protection Agency on planning or environmental grounds where there were concerns in respect of asbestos disposal from brownfield sites in each year since 1999, broken down by local authority area.

Malcolm Chisholm: The Scottish Executive does not have cases referred to it specifically because of concerns about asbestos disposal from brownfield sites. Local authorities are the competent authorities for land use planning matters in Scotland and they consult the Scottish Environment Protection Agency (SEPA) on a broad range of planning applications. SEPA’s responses are not, however, recorded in such a way as to identify applications where asbestos related issues have been raised.

Council Tax

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what the cost of funding council tax rebates was in each of the last five financial years and is in the current financial year.

Mr Tom McCabe: Detailed information on the cost of council tax discounts is not held centrally. The local government funding formula, which has been agreed with local authorities through COSLA, takes account of council tax levels by incorporating information on the forecast number of Band D properties in each local authority area, adjusted for the number of such properties which attract a discount.

E.coli

Mr Brian Monteith (Mid Scotland and Fife) (Con): To ask the Scottish Executive what evidence it has of children contracting E.coli  as a result of contact with farm animals and, if it has such evidence, how many cases there have been in each of the last six years for which figures are available.

Mr Andy Kerr: E.coli O157 can be a serious infection and, in addition to causing gastroenteritis, is the most common cause of kidney failure in children in Scotland. Infections occur as either outbreaks, where a general outbreak is defined as involving members of more than one household or as sporadic cases where only one individual or household is affected with no apparent links to known outbreaks.

  Health Protection Scotland conducted a national case-control study of sporadic cases of E.coli O157 in Scotland from 1996 to 1999. This study found that contact with the faeces of animals found on farms or smallholdings emerged as the strongest single risk factor for E.coli O157 infection. This type of contact was most common amongst children aged four to seven.

  Between 1996 and 2003, in cases where the source of infection could be established, Health Protection Scotland identified;

  eight outbreaks of E.coli O157 located on farm premises, in which 20 children under 16 were infected.

  An additional 40 children were infected with E.coli O157 after camping on ground used for pasture, which was contaminated with farm animal faeces.

  A further 11 children were infected with E.coli O157 in outbreaks where the evidence suggested that water supplies were contaminated by farm animal faeces.

  In 1999, 29 children were infected with E.coli O157 infection in a single outbreak, after eating homemade goat’s milk cheese prepared on a smallholding.

  In March 2005 the Scottish Executive launched a campaign to raise awareness of the risk of contracting E.coli O157 from animals/animal pasture and to advise of simple precautions which can be take to reduce this risk.

  More information is available on the internet at www.handsclean.info.

Economy

Jim Mather (Highlands and Islands) (SNP): To ask the Scottish Executive whether, given that HM Treasury now uses the Consumer Price Index as its preferred measure of inflation, the Executive has adopted, or will adopt, that measure.

Jim Mather (Highlands and Islands) (SNP): To ask the Scottish Executive, given that HM Treasury now uses the Consumer Price Index as its preferred measure of inflation, what guidance it issues to its departments and agencies and public bodies in respect of the measures they should use for calculating inflation.

Mr Tom McCabe: There are a range of measures of inflation on the economy – the Consumer Price Index is one that is used for measuring the change in the prices of consumer goods and services. We will continue to use the appropriate measure for the individual issue being considered. We do not produce general guidance on the use of inflation measures, though we work closely with public bodies and agencies to ensure that best practice is followed when designing, implementing, and evaluating policies.

Education

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what the cost has been to local authorities of making alternative arrangements for pupils excluded from school in each of the last 10 years.

Peter Peacock: The Scottish Executive has not commissioned any specific research on the cost of alternative arrangements for pupils excluded from school.

  Alternative arrangements for excluded pupils may be paid for from a wide range of funding streams within the National Priorities Action Fund and GAE expenditure. It is therefore not possible to conclude what local authorities have spent on alternative arrangements.

  For example, in 2005-06 through National Priorities Action Fund, the Scottish Executive is making available £11 million for Alternatives to Exclusion; £10 million for implementation of Better Behaviour – Better Learning; £25 million for Inclusion; £9.6 million for Support for Teachers; £12 million for Study Support, and £25.8 million for Integrated Community Schools. All of these strands of the National Priorities Action Fund may be used to support arrangements for pupils excluded from school and to prevent exclusions from school.

Education

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive how many pupils are enrolled in the (a) state and (b) independent sector, broken down by local authority area.

Peter Peacock: The latest information available on the number of pupils enrolled in publicly funded schools by local authority area can be found in the publication Pupils in Scotland , 2004 which can be accessed through the following link: http://www.scotland.gov.uk/stats/bulletins/00412 .

  The latest information on the number of pupils enrolled in independent schools by local authority area can be found in table 5 of the publication The Independent School Census 2003 which can be accessed at the following link: http://www.scotland.gov.uk/stats/bulletins/00350-01.asp.

  It should be noted that the Independent School Census provides information on the basis of pupils at school within local authority areas not where they are domiciled.

  Results of the 2004 Independent School Census will be published on 19 April 2005 and will be accessible at the following link: http://www.scotland.gov.uk/stats/bulletins/00414.

G8 Summit

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive, further to the answer to question S2W-14803 by Cathy Jamieson on 9 March 2005, with which partners around the world the Executive has directly co-operated to combat counter-terrorism.

Cathy Jamieson: The Scottish Executive works with international partners through the UK Government to develop effective cross-border responses to terrorism. The Scottish Police Service and the Scottish Drug Enforcement Agency work successfully with a wide range of agencies from around the world on a variety of key law enforcement issues, including counter-terrorism.

G8 Summit

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive, further to the answer to question S2W-14803 by Cathy Jamieson on 9 March 2005, what action it has taken to play a full part in helping to formulate commitments the UK Government has made on counter-terrorism.

Cathy Jamieson: We work closely with the UK Government on a wide range of law enforcement related issues – including counter-terrorism. This work plays an important role in helping to formulate the UK policy on tackling counter-terrorism, including commitments made in the forum of the G8.

Health

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what the estimated annual cost is of treating obesity-related illness through the NHS.

Mr Andy Kerr: The information requested is not held centrally.

Health

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive what action has been taken since the publication of Let’s Make Scotland More Active to raise awareness among the population of how much physical activity is needed for good health.

Mr Andy Kerr: We have created an overall communication programme for physical activity as part of the Healthyliving campaign. The public health education elements of the communication programme, which is designed to support behaviour change, include mass media advertising, PR, website and advice line for the general public.

  To develop closer, effective communication with the physical activity workforce and special interest groups we are establishing a Scottish Physical Activity Alliance. NHS Health Scotland are taking this work forward in 2005-06.

  Health education is the main function of NHS Health Scotland augmented by the work being carried out across Scotland by the NHS and by all community planning partners.

Health

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive what action has been taken to create or assign a department with a clear duty for taking the increasing physical activity strategy forward, as referred to in Let’s Make Scotland More Active .

Mr Andy Kerr: With the publication of Let’s Make Scotland More Active in 2003, a designated policy team for physical activity has been established within the Scottish Executive’s Health Improvement Strategy Division.

  Delivery of the physical activity strategy is facilitated by key partners including sportscotland, NHS Health Scotland, COSLA, the NHS, Scottish Natural Heritage, Greenspace Scotland, Paths for All, Scottish Sports Association as well as other departments of the Scottish Executive such as education, transport, environment, planning.

  Responsibility for the co-ordination of the efforts of all partners to progress implementation of the Physical Activity Strategy lies with the Scottish Executive’s Health Improvement Strategy Division.

  In 2005 the Scottish Physical Activity and Health Council was established. This council comprises of policy, evidence and delivery experts who will advise the Scottish Executive and its partners on strategic issues that affect implementation of the Physical Activity Strategy.

Health

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive what action has been taken to develop and maintain a physical activity website, including a database of local opportunities and contacts, as referred to in Let’s Make Scotland More Active .

Mr Andy Kerr: Two websites have been developed to raise public awareness and knowledge of physical activity. One forms part of the Healthyliving national campaign and is available at http://www.healthyliving.gov.uk/physicalactivity/ . The other is a new physical activity section which has been added to the Scottish Executive website at: http://www.scotland.gov.uk/Topics/Health/health/Introduction/Introduction .

  We are also establishing a Scottish Physical Activity Alliance - a network of evidence providers, policy-makers and practitioners. One role of the alliance will be to compile local and national information on physical activity programs, projects and trends and to highlight and publicise current activities nationwide. Information will be disseminated through a range of communication channels such as an electronic newsletter, website and promotional materials. NHS Health Scotland are taking this work forward in 2005-06.

Health

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive what action it has taken to increase participation in physical activity by children (a) with a disability and (b) from ethnic minority groups.

Mr Andy Kerr: We are seeking to ensure that every child in Scotland has access to services to support them in being active enough to meet the minimum activity level required for health. The Executive has invested £24 million in Active Schools and over 600 Active School Co-ordinators will be recruited by 2007, with some of these in special educational needs schools. They will increase the levels of activity among school aged children, irrespective of ethnicity or ability, by developing programmes of high quality opportunities to enable them to participate in regular, frequent, safe and fun activities incorporating physical activity, sport, play and active travel.

Health

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive what action has been taken to support all parents in gaining the necessary skills to take an active role in helping their children enjoy an active life, as referred to in Let’s Make Scotland More Active .

Mr Andy Kerr: The Scottish Executive is funding a national development officer for Play@Home, a physical activity programme for children from birth to five years. This programme provides parents with guidance on safe and beneficial ways of handling a child to stimulate motor and sensory development within the home. Funding will support all NHS boards to train health visitors in the use of this resource.

  In addition, NHS Health Scotland’s resource the Ready, Steady, Baby Book for new parents and children up to the age of three has been updated to include more information about physical activity.

Health

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive what action has been taken to adapt for national use programmes, such as that in Fife, that guide parents through progressive activities that are appropriate to a child’s state of development from birth to five years old, as referred to in Let’s Make Scotland More Active .

Mr Andy Kerr: The Scottish Executive is funding a national development officer for Play@Home, the physical activity programme for children from birth to five years. This will allow all NHS boards to train health visitors in use of this resource from birth onwards.

  In addition, NHS Health Scotland’s resource the Ready, Steady, Baby Book for new parents and children up to the age of three has been updated to include more information about physical activity.

Housing

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what the impact in Scotland will be of ending the Stamp duty: Disadvantaged Areas Relief referred to in the Chancellor of the Exchequer’s Budget 2005 announcement.

Malcolm Chisholm: Stamp duty is of course a matter reserved to the UK Government. Questions on this matter should therefore be directed to Westminster.

Housing

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive how much funding received through capital receipts under the right to buy scheme has been reinvested in council housing.

Malcolm Chisholm: All Right to Buy receipts are either re-invested in council housing stock or used to redeem housing debt. As of April 2004, it is for local authorities to determine what percentage of receipts is re-invested in their stock.

Housing

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether all funding received from council house rents is reinvested in council housing.

Malcolm Chisholm: Almost all income from council house rents is reinvested in council housing. The only alternative permitted use for rental income is a transfer to the General Fund and in 2003-04 only £1.7 million out of a total rental income of £838.5 million was used for this purpose.

Immigration

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive, further to the answer to question S2W-14734 by Mr Tom McCabe on 10 March 2005, what the nature and cost was of all the activities undertaken to promote Scotland as a place to work in the 10 EU accession states, broken down by country in which each activity took place.

Mr Tom McCabe: As part of our efforts to raise Scotland’s international image announced by the First Minister on 1 July 2004 international journalists from both Poland and the Czech Republic visited Scotland in Autumn 2004. The cost of the visit amounted to £6,805.78 and resulted in a range of television and other media coverage in Poland and Czech Republic. We continue to work with these established links to ensure that Scotland and Fresh Talent continues to receive attention as the initiative goes forward.

  Officials recently attended the DNI Careers-Work Fair in Wroclaw and the Perspectives 2005 Careers and Education fair in Warsaw to promote Scotland as a destination of choice for migrants from Poland seeking new opportunities. A range of media activity was also included in the visit and we expect additional coverage in the Polish media to reinforce Scotland’s Fresh Talent ambitions. The cost of the visit amounted to £3,163.91. Poland is second only to the United Kingdom in terms of visitors to www.scotlandistheplace.com, which reflects the existing strong links between Scotland and Poland and the increased promotional activity we have undertaken. In recognition of these strong links with Poland we have asked First Public Relations to ensure that we continue to reinforce Scotland’s strengths and to take advantage of suitable opportunities as they present themselves.

  In general, promotion to the accession states is an integral part of the wider international promotion of Scotland activity through our website and distribution of Fresh Talent information leaflets via the Foreign and Commonwealth Office, British Council and Scottish Development International. In addition, all ministers promote Scotland as a place to visit, study and work both during overseas visits and when receiving visiting foreign dignitaries.

Immigration

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive how many enquiries have been made to the Relocation Advisory Service since it was opened, broken down by (a) month and (b) country of origin.

Mr Tom McCabe: The web-based element of the Relocation Advisory Service opened on 12 October 2004. The Service became fully operational at the end of that month. Between 12 October 2004 and 30 March 2005, a total of 4,524 enquiries have been received. These can be broken down as follows:

  By Month

  

Enquiries received prior to service opening 
21


October 2004
324


November
477


December
737


January 2005
1,018


February 
727


March
1,220


Total
4,524



  By Country

  The data on incoming enquiries has only been analysed to 31 January 2005, therefore the following figures relate to enquiries between 12 October 2004 and 31 January 2005.

  

Unspecified
376


Algeria
1


Argentina
1


Australia
17


The Bahamas
2


Bangladesh
4


Belarus
1


Belgium
5


Botswana
2


Brazil
2


Brunei
1


Bulgaria
4


Cameroon
1


Canada
45


Chile
1


China
3


Cyprus
2


Czech Republic
6


England 
87


Eritrea
1


France
5


The Gambia
1


Germany
15


Ghana
3


Greece
11


Guyana
1


Hong Kong
4


Hungary
2


Iceland
3


India
767


Indonesia
1


Iran
2


Italy 
6


Japan
3


Jordan
2


Kenya
1


Kuwait
1


Malaysia
4


Malta
3


Mauritius
4


Mexico
11


Morocco
3


Nepal
1


Netherlands
9


New Zealand
3


Nigeria
87


Northern Ireland 
3


Oman
1


Pakistan
22


Panama
1


Peru
1


Philippines
7


Poland
227


Portugal
6


Qatar
1


Republic of Ireland
4


Romania
7


Russia
7


Saudi Arabia
2


Scotland 
260


Serbia and Montenegro
1


Singapore
9


Slovakia
1


South Africa
25


Spain
17


Sri Lanka
2


Sweden
3


Taiwan
5


Trinidad and Tobago
3


Tunisia
1


Turkey
4


Uganda
5


Ukraine
13


United Arab Emirates
4


United Kingdom
175


United States
236


Venezuela
1


Wales
4


Zambia
2


Zimbabwe
2


Total
2,577

Income

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive what the average (a) annual income, (b) secured debt and (c) unsecured debt per person was in each year since 1997.

Malcolm Chisholm: (a) The following table presents estimates of the median total individual income, based on a three year rolling average, from 1996-97 - 1998-99 to 2000-01 - 2002-03.

  Table: Median Total Individual Income, Scotland, Averages for Three Rolling Years, 1996-97 – 1998-99 to 2000-01 - 2002-03 (£ Annual) (2002-03 Prices)

  

Year
All Adults


1996-97 – 1998-99
8,840


1997-98 – 1999-2000
9,048


1998-99 – 2000-01
9,048


1999-2000 – 2001-02
9,516


2000-01 – 2002-03
9,932



  Source: Family Resource Survey Individual Incomes Analysis

  Note: 1. Excludes any income which is not accrued directly to the individual in their own right, but also excludes student loans, Social Fund loans and benefits in kind.

  Total income includes all elements of income that are accrued to the individual in their own right. This includes income from earnings, self-employment, occupational pensions, investments, social security benefits and tax credits. Elements of income that are generally accrued by a household rather than an individual are excluded, e.g. housing benefit and council tax benefit, and income from letting/sub-letting.

  (b)/(c) The Executive does not currently collect information on the debt of individuals. It is planned that the proposed ONS survey on wealth and assets will collect information on household debt. The survey is in its early development stages. If it goes ahead, some data for Scotland should be available from this source.

Income

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive, further to the answer to question S2W-4792 by Mr Andy Kerr on 17 May 2004, how many pensioner households live on an annual income of (a) less than £10,000, (b) £10,001 to £15,000, (c) £15,001 to £20,000 and (d) above £20,000 expressed also as a percentage of the total number of such households in 2003-04.

Malcolm Chisholm: The following table presents the results from the 2003-04 Households Below Average Income data on the proportion and number of pensioner families with annual net income in each income band.

  Table: Annual Net Household Income1 for All Pensioner Families2 2003-043

  

 
2003-04


N
%


Less than £10,000
270,000
 39


£10,001 to £15,000
200,000
 28


£15,001 to £20,000
100,000
 15


Over £20,000
120,000
 18


Total
700,000
100



  Source: Households Below Average Income.

  Notes:

  1. Includes wages and salaries, self-employment income, pensioners income, all state benefit, payable tax credits and investment income, net of: income tax, National Insurance, Council tax, contributions to occupational pensioners and maintenance payments.

  2. A family (or benefit unit) is a single adult or a couple together with any dependent children, so a household can contain more than one family. It is assumed that all families in the household benefit equally from the combined net income of the household.

  3. Figures may not add up to the totals due to rounding.

  The figures are estimates based on a sample survey and are therefore subject to sampling variation.

  The 2003-04 figures are not comparable with the 2002-03 figures previously published, as the 2003-04 figures are based on the new grossing regime which was introduced this year - for more information on this, please see the Households Below Average Income, 2003-04: http://www.scotland.gov.uk/Publications/2005/03/29170611/06123.

Justice

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive, with regard to article 2 of the Proposal for a European Council Decision on the exchange of information extracted from the criminal record (COM (2004) 664 final), what central authority it expects will be designated in respect of the exchange of Scottish criminal records.

Cathy Jamieson: The Proposal for a European Council Decision on the exchange of information extracted from the criminal record for mutual legal assistance requests requires each member state to designate a single central authority for initial contact. It will be possible, however, to designate more than one central authority for on-going contact, for the exchange of information in connection with such requests and for sending information back to the state of nationality at the time of conviction in individual cases. The question of which authority should be designated for the exchange of Scottish criminal records is under consideration.

Justice

Phil Gallie (South of Scotland) (Con): To ask the Scottish Executive what the cost in legal aid has been of appeals against minimum sentences to be served by life prisoners in each of the last four years and what estimates have been made of the legal aid costs of such appeals in each of the next three years.

Hugh Henry: The Scottish Legal Aid Board records information which allows the identification of costs for criminal appeals relating to appeals against sentence and appeals against conviction and sentence. Their systems do not specifically identify appeals by life prisoners.

  Table 1 sets out the amount the board has spent on appeals against sentence and Appeals against Conviction and Sentence in the last four years:

  Table 1

  

 
2001-02
£
2002-03
£
2003-04
£
2004-05*
£


Leave to Appeal - Sentence
1,258,188
1,216,283
1,173,968
2,194,920


Leave to Appeal – Conviction and Sentence
358,063
634,258
642,294
839,625



  Note: *Data for 2004-05 is for the eleven months to February 2005.

  Additionally, Table 2 sets out the amount the board spent on criminal assistance by way of representation (ABWOR) cases for life prisoners who were sentenced before the change in legislation introducing minimum sentences, for hearings at which their minimum sentences were set:

  Table 2

  

 
2001-02
£
2002-03
£
2003-04
£
2004-05*
£


Criminal ABWOR – Life Prisoners
Nil
44,577
64,847
65,999



  Note: *Data for 2004-05 is for the eleven months to February 2005.

  Table 3 sets out the estimated future spend on Appeals against Sentence and Appeals against Conviction and Sentence for the next three years:

  Table 3

  

 
2005-06
£
2006-07
£
2007-08
£


Leave to Appeal - Sentence
1,957,000
1,828,000
1,779,000


Leave to Appeal – Conviction and Sentence
434,000
405,000
394,000

Justice

Phil Gallie (South of Scotland) (Con): To ask the Scottish Executive how many appeals have been made following the setting of minimum sentences for life prisoners in each of the last four years and, of these, how many have been (a) accepted, (b) rejected and (c) determined.

Cathy Jamieson: The information is set out in the following table:

  

 
Leave To Appeal
Appeals


Lodged
Leave to Appeal Granted
Leave to Appeal Refused
Pending
Granted
Refused
Abandoned


2002
46
38
8
 
1
0
2


2003
72
60
12
 
4
5
4


2004
39
31
2
6
0
1
1


2005
10
6
1
3
0
0
0



  One hundred and seventeen cases are awaiting a hearing, earlier disposal having been delayed until the outcome of an appeal to the Judicial Committee of the Privy Council.

Justice

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive how many males were convicted of drink-driving offences in each year since 1997, broken down by police force area.

Cathy Jamieson: The available information is given in the table.

  Males with a Charge Proved in Scottish Courts for Drink Driving1, by Police Force Area, 1997-2003

  

Police Force Area
1997
1998
1999
2000
2001
2002
20032


Central 
392
349
332
347
267
555
476


Dumfries and Galloway
190
173
187
144
184
195
208


Fife 
436
382
339
311
322
611
508


Grampian 
846
802
767
680
699
802
868


Lothian and Borders 
1,272
1,213
1,066
994
1,046
1,299
1,182


Northern 
599
485
482
451
499
602
642


Strathclyde 
3,405
2,624
2,622
2,563
2,478
3,041
2,665


Tayside 
583
545
495
509
567
684
700


Total
7,723
6,573
6,290
5,999
6,062
7,789
7,249



  Notes:

  1. Where main offence.

  2. Includes estimated data.

Justice

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive, further to the answer to question S2W-15259 by Colin Boyd on 29 March 2005, how many prosecutions there have been for offences of driving while using a hand-held mobile phone, broken down by police force area.

Colin Boyd QC: Since 1 December 2003, 625 reported charges under regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 in respect of driving while using a mobile telephone have been the subject of criminal proceedings in court. The figures for each police force are shown in the table below.

  

Police Force
Number Of Reported Charges Subject To Criminal Proceedings in Court


Central Scotland Police
50


Dumfries and Galloway Constabulary
10


Fife Constabulary
6


Grampian Police
53


Lothian and Borders Police
71


Northern Constabulary
18


Strathclyde Police
326


Tayside Police
91


Total
625

Medical Research

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what involvement it has had in the decision to establish a UK Stem Cell Foundation; what the foundation’s relationship will be with the Scottish Stem Cell Network; what funding the Executive will give to the foundation; how it will be represented directly, or indirectly, on the board of the foundation; which of its agencies will be involved with the foundation and what will be the nature of such involvement, and what potential the foundation has for the expansion of stem cell research and related activity in Scotland.

Mr Jim Wallace: The UK Stem Cell Foundation is being established by a prominent group of individuals, including Sir Chris Evans of Merlin Biosciences, Sir Richard Sykes of Imperial College, Sir Richard Branson, Professor Lord Winston and venture capitalist Jon Moulton. While it is a private organisation, the Scottish Executive is in touch with the Foundation to discuss the scope for joint working on the development of stem cell research in Scotland. The Scottish Stem Cell Network (SSCN) has had a very positive, informal relationship with the UK Stem Cell Foundation to date and it is likely that some members of the SSCN will have more formal roles with the foundation as it becomes established. Scottish Enterprise is also in direct touch with the organisation.

  I understand that the foundation is seeking to address the current limited funding available for translational research – i.e. clinical development activities. This complements the existing funding councils and bodies in the UK – such as Biotechnology and Biological Sciences Research Council (BBSRC), Medical Research Council (MRC) and the Welcome Trust - who generally fund basic science development. The Executive is therefore very keen to work with the foundation in developing Scotland’s undoubted strengths in stem cell research and related activity.

Medical Research

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what investment it and its agencies are making in stem cell research.

Mr Jim Wallace: While comprehensive data from across the departments and agencies is not held centrally, information provided from Chief Scientists Office indicates that they are currently investing over £400,000 in individual projects in this field. Scottish Enterprise have also indicated that they have invested over £500,000 in the last three years establishing the Scottish Stem Cell Network and other stem cell related projects.

NHS Hospitals

Alex Fergusson (Galloway and Upper Nithsdale) (Con): To ask the Scottish Executive who has the authority to change the rules of the Hospital Travel Costs Scheme in Scotland.

Mr Andy Kerr: The patients’ travelling expenses schemes emanate from The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 as amended by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (Amendment) Regulations 2004. These regulations are made by Scottish ministers, in exercise of powers conferred on them by the National Health Service (Scotland) Act 1978.

NHS Hospitals

Mr David Davidson (North East Scotland) (Con): To ask the Scottish Executive when it will publish a strategy on the role of community hospitals.

Mr Andy Kerr: It is planned that a draft strategy on the future of community hospitals will be circulated for consultation during summer 2005. The final version is expected to be available in April 2006.

NHS Hospitals

Mr David Davidson (North East Scotland) (Con): To ask the Scottish Executive what plans it has to assess the opportunities offered by community hospitals to deliver more health care within communities.

Mr Andy Kerr: As demonstrated by partnership agreement 408, the Executive recognises that it is important to develop the role of community hospitals. In order to meet the partnership agreement, the Executive is currently conducting a national review of the role of community hospitals in order to develop a strategy for sustaining small, rural and community hospitals where they are safe and effective, including the provision of minor surgery and to act as a resource to GPs.

NHS Hospitals

Mr David Davidson (North East Scotland) (Con): To ask the Scottish Executive how many community hospitals there have been in each of the last four years, broken down by NHS board, and what projections it has made in respect of the number of community hospitals there will be in the next three years.

Mr Andy Kerr: NHS Quality Improvement Scotland undertook a "stocktake" of community hospitals in Summer 2004. NHS boards were asked to identify community hospitals which fitted into a specific definition. A total of 100 community hospitals, including wards in general hospitals, were identified and are listed in the following table. Prior to this stocktake no data were held on the number of community hospitals in Scotland.

  No projections on the number of community hospitals in the next three years have currently been made.

  

NHS Board
Number of Community Hospitals (including wards in general hospitals)


Ayrshire and Arran
5


Argyll and Clyde
7


Borders
8


Dumfries and Galloway
10


Fife
4


Forth Valley
5


Grampian
19


Highland
15


Lanarkshire
4


Lothian
11


Tayside
10


Western Isles
2

NHS Hospitals

Mr David Davidson (North East Scotland) (Con): To ask the Scottish Executive what plans it has to modernise community hospitals.

Mr Andy Kerr: Capital Investment is increasing significantly with £426 million, £458 million and £532 million being made available to NHSScotland in 2005-06, 2006-07 and 2007-08 respectively. This will ensure that adequate resources are available to NHS boards to enable them to invest in infrastructure, including modernising community hospitals.

NHS Hospitals

Mr David Davidson (North East Scotland) (Con): To ask the Scottish Executive whether NHS boards receive specific funding to operate community hospitals.

Mr Andy Kerr: NHS boards do not receive specific funding to operate community hospitals. Each NHS board receives an annual allocation of funds. It is for each board to decide how to utilise these funds to meet the health care needs of its resident population taking account of national and local priorities.

Planning

Nora Radcliffe (Gordon) (LD): To ask the Scottish Executive whether any further guidance has been issued on the judgement in the case of Shimizu (UK) v Westminster City Council since Circular 1/2001 was issued on 22 January 2001 and whether conservation area consent is required for partial demolition within any conservation area under the Town and Country Planning (Demolition which is not Development) (Scotland) Direction 2001.

Johann Lamont: No further guidance has been issued on this matter. Currently, conservation area consent is not normally required for the partial demolition of buildings (including unlisted gates, fences, walls or other means of enclosure) in conservation areas. Under the Town and Country Planning (Demolition which is not Development) (Scotland) Direction 2001 such works are classed as development and may fall within the scope of planning control.

Prison Service

Phil Gallie (South of Scotland) (Con): To ask the Scottish Executive how many (a) male and (b) female life prisoners are currently serving their sentence and what average length of time such prisoners are set to serve.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  The available information on prisoners who are currently serving a life sentence is given in the table:

  Information on Life Sentenced Prisoners in Custody on 25 March 2005

  

 
Male Prisoners
Female Prisoners


Number of prisoners
625
16


Average length of punishment part
13 years
12 years


Minimum length of punishment part
2.5 years
6 years


Maximum length of punishment part
30 years
15 years



  The punishment part of a life sentence is the period imposed by the court at time of sentence which it considers is required for the purposes of retribution and deterrence. The prisoner will spend that minimum time in custody before being considered by the Parole Board for release on life licence. The expiry of the punishment part is not an automatic guarantee of release on licence. The Parole Board will not direct release unless it is satisfied that the prisoner no longer presents an unacceptable risk to the public.

  These figures are provisional and may be subject to amendments at a later date. They also do not include any life sentenced prisoners who are being held in the state hospital or any life sentenced prisoners who have been recalled to custody after being released on life licence.

Prison Service

Colin Fox (Lothians) (SSP): To ask the Scottish Executive what assurances it will give to staff at HM Prison Low Moss that transfer requests to other parts of the prison estate will be respected whilst a new prison is built on the site.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  We are working in partnership with our recognised trade unions to ensure that appropriate transfer opportunities are available for the staff of HM Prison Low Moss both before and upon closure. We have established the personal preferences of staff in relation to transfers to alternative establishments and will take full account of these before transfer processes are initiated.

Prison Service

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive what its policy is in respect of the International Corrections and Prisons Association (ICPA).

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  In pursuit of our vision, the Scottish Prison Service supports the aims of the ICPA which has the following objectives:

  promoting, maintaining and strengthening co-operation between individuals, institutions, organisations and associations interested in corrections and criminal justice policies which affect corrections and prisons;

  encouraging the involvement of victims, offenders' families, volunteer organisations and other elements of the community in finding helpful and workable solutions to correctional and criminal justice issues;

  promoting best practices;

  organising conferences, seminars and workshops;

  being a centre for the dissemination of information and literature on activities and research;

  promoting co-operation and collaborative initiatives between jurisdictions in areas of common interest;

  encouraging and promoting research;

  promoting staff exchanges and study visits between interested jurisdictions;

  enhancing public education, understanding and involvement in correctional matters;

  providing support for, collaborating with, and generally facilitating the work of bilateral and multilateral agencies providing technical assistance or training, and

  promoting the study of correctional matters at a tertiary level of education.

Prison Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will outline the process by which the Chief Executive of the Scottish Prison Service was appointed, including when, where and how often the position was advertised; what the job description was; what the person specification for the post was, including experience and qualifications; how many applicants there were; who prepared the shortlist; how many applicants were on the shortlist; who selected the successful candidate; what criteria were used to appoint the successful candidate; what checks were made on the successful applicant’s references and by whom; how long the appointment is for; what the remit of the post is; what performance review will be carried out; who will carry out such a review, and how often it will be carried out.

Mr Tom McCabe: The Chief Executive of the Scottish Prison Service (SPS) was appointed by the then Permanent Secretary on 1 September 1999 through internal assignment. The appointment was not time limited. The remit of the post is described in the SPS Framework Document which was published on 4 March 2005, a copy of which is in the Parliament’s Reference Centre and on the SPS website at http://www.sps.gov.uk/keydocs/framework/default.asp .

  Performance is reviewed using the Senior Civil Service performance management system which includes formal review of performance at least twice a year, further details can be found at: http://www.civilservice.gov.uk/management_information/senior_civil_service/scs_performance_and_reward/guidance_and_forms/index.asp.

Prison Service

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-11567 by Cathy Jamieson on 17 November 2004, whether the Scottish Information Commissioner has made available to it his conclusions on Contract between the Scottish Ministers and Reliance Secure Task Management Ltd for the Provision of Prisoner Escort and Court Custody Services in Scotland and, if not, when it expects to receive his conclusions.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Yes. The Information Commissioner’s decision can be found at: http://www.itspublicknowledge.info/decision.htm.

Prison Service

Phil Gallie (South of Scotland) (Con): To ask the Scottish Executive whether any studies have been carried out in prisons to examine the links between violent crime, antisocial behaviour, diet and nutrition.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  No Scottish study exists that examines the links between violent crime, antisocial behaviour, diet and nutrition.

  We are aware of one such study. An article outlining the findings from the study Food provision and the nutritional implications of food choices made by young male adults in a young offenders institution, by Anita Eves and Bernard Gesch published in the Journal of Human Nutrition and Dietetics, 16, pp167-179, 2003.

Prison Service

Phil Gallie (South of Scotland) (Con): To ask the Scottish Executive how many prisoners are being prescribed antipsychotic drugs or antidepressants.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  From pharmacy records available to SPS in March 2005, there were 1921 prescriptions for medications suitable for treatment of psychosis, and 529 prescriptions for anti-depressant medications to prisoners.

Prison Service

Phil Gallie (South of Scotland) (Con): To ask the Scottish Executive how many prisoners are being prescribed Ritalin and other similar drugs.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  In March 2005, there were fewer than five prisoners being prescribed Ritalin or similar drugs.

Public Appointments

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it will list the appointments for which it is responsible but which fall outwith the remit of the Scottish Commissioner for Public Appointments.

Tom McCabe: The Executive does not maintain a central list of the appointments that fall outwith the remit of the Commissioner for Public Appointments. However, details of all regulated ministerial public appointments are published on the Executive’s Public Appointments website at: www.scotland.gov.uk/government/publicbodies .

Public Private Partnerships

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive to which projects the PPP protocol that it agreed with the Scottish Trades Union Congress (STUC) in 2002 applies.

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive what the criteria are for determining which projects the PPP protocol that it agreed with the Scottish Trades Union Congress (STUC) in 2002 applies.

Mr Tom McCabe: The PPP Staffing Protocol agreed between the Scottish Executive and the Scottish Trades Union Congress in 2002 applies to all Scottish PPP projects, in all sectors, from that date.

Royal Botanic Garden Edinburgh

Sarah Boyack (Edinburgh Central) (Lab): To ask the Scottish Executive when it will publish the report of the Policy and Financial Management Review (PFMR) of the Royal Botanic Garden Edinburgh (RBGE), what the key recommendations are and what action the minister now proposes to take in view of the review findings.

Lewis Macdonald: The report of the PFMR of the Royal Botanic Garden Edinburgh (RBGE) was published by the Scottish Executive today. The report recognises the RBGE as a world class Scottish institution that holds a remarkable international reputation for its size. The RBGE is held in high esteem by the people of Scotland and is numbered amongst the most popular visitor attractions in Scotland.

  The report recommends greater prioritisation of the RBGE’s activities, improved performance management, better communication between the Executive and the RBGE and a need for additional funding.

  The recommendations have been accepted by the RBGE and the Scottish Executive Environment and Rural Affairs Department. A key component of their implementation will be the development of a sustainable corporate plan for the RBGE. To assist with that process the Executive has confirmed its priorities to the RBGE and is increasing the garden’s grant-in aid by £0.5 million to £7.088 million in 2005-06, by a further £0.6 million to £7.688 million in 2006-07 and by a further £0.6 million to £8.288 million in 2007-08 for the development of those priorities.

  Copies of the report are available in the Parliament's Reference Centre (Bib. number 35705).

Sectarianism

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive what evaluation has been made of any potential damage to Scotland’s image by sectarianism and the impact on its efforts to promote Scotland internationally.

Ms Sandra White (Glasgow) (SNP): To ask the Scottish Executive whether it plans to undertake any study of crimes linked to religious prejudice.

Cathy Jamieson: I refer the member to the answer to question S2W-15325 on 12 April 2005. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

Teachers

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive who is responsible for the pensions of Scottish teachers.

Mr Tom McCabe: The Scottish Public Pensions Agency (SPPA) is responsible for the administration and regulatory aspects of the Scottish Teachers’ Superannuation Scheme. The functions of that agency fall within my portfolio.

Teachers

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive what steps it is taking to ensure that the pensions of Scottish teachers are protected.

Mr Tom McCabe: The STSS is currently being reviewed in common with all public service pension schemes throughout the UK as a result of the UK Government’s plans to raise the normal pension age for most public servants from 60 to 65.

  The Scottish ministers have already guaranteed that the pensions of existing teachers will be protected until 31 August 2013. Existing teachers will retain the right to retire at age 60, but pension rights accrued after 1 September 2013 will be subject to actuarial reduction as they will be calculated on a normal pension age of 65. Teachers joining the Scottish Teachers’ Superannuation Scheme will be subject of a pension age of 65 with effect from 1 April 2006.

  Consultation on the proposed changes ended on 14 January and the results are still being analysed. In addition, the UK Government announced on 18 March that it would enter into further negotiations with trade unions. No firm decisions have yet been made as negotiations are still on-going.

Teachers

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive what its position is regarding Her Majesty’s Government’s proposals for teachers to work until they are 65.

Mr Tom McCabe: Occupational pension policy is a reserved matter and HM Treasury directly fund most of the public service pension scheme costs. Scottish ministers are responsible for producing the detailed public service pension scheme regulations but this generally only extends to ensuring that scheme regulations are consistent with Scottish administrative and legal requirements whilst remaining in line with UK Government policy. In addition there is an underlying requirement to, where possible, maintain uniformity in public service pension schemes across the UK.

  Following agreement on public service pension scheme reforms at UK level, the Scottish Public Pensions Agency together with colleagues in the Department for Education and Science will review the pension arrangements for teachers taking account of the responses to the recent consultation exercise on the various options for a new scheme. Scottish ministers will then consider the final design of the new teachers’ scheme in Scotland and bring forward detailed draft regulations for consultation. It is likely to be later this year before final decisions are made.

Teachers

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive whether it will bring forward early-retirement measures for teachers as referred to in the McCrone report and, if so, when.

Mr Tom McCabe: The Winding Down Scheme, which is a phased retirement option as proposed in the agreement, A Teaching Profession for the 21st Century was introduced to the Scottish Teachers’ Superannuation Scheme with effect from 1 July 2002. This scheme allows teachers to enter part-time winding down employment but to be credited with full service during the winding down period.

Teachers

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive what research it has carried out on the effects of long service on the (a) health and well-being and (b) performance of teachers.

Mr Tom McCabe: The Scottish Public Pensions Agency (SPPA), who are responsible for the administration and regulation of the Scottish Teachers’ Superannuation Scheme (STSS) provide information about membership of the scheme to the Government Actuary so that he can undertake the quinquennial review of the scheme. Data is provided on a number of aspects of the scheme, including ill-health and mortality. The Government Actuary’s Report can be obtained from the SPPA.

  The Executive has not carried out any research on the effects of long service on teachers’ performance.